QUESTION

If there’s a video a someone drinking and driving is there a certain time period where that case can’t be turned in anymore.

Asked on Jun 12th, 2020 on Criminal Law - Massachusetts
More details to this question:
Say there’s a video from two years ago from someone drinking and driving, can there still be fined or do you have to be caught in the act.
Report Abuse

1 ANSWER

Criminal Law Attorney serving Andover, MA at Erkan and Associates, LLC
Update Your Profile
What an interesting question.   It seems highly doubtful that a video can constitute sufficient evidence to support a drunk driving charge.  There are many reasons why.  First, I cannot imagine that a video alone can support a finding that any unusual driving or personal behaviors arose as a result of alcohol impairment.  If the driver seems impaired on the video, the question is - what is the cause of the impairment?  Is it alcohol? Drugs? A medical condition?  Speculation is not a basis for charges.  In the case described, there would be no breathalyzer or blood test results to establish that the person had alcohol in their system.  There would be no field sobriety tests which would support a finding of impaired operation.  There would be none of the common observations that support an inference of alcohol impairment - such as a detectable odor of alcohol on the driver's breath. Second, what evidence would the government have as to the time and place of the offense? As a predicate to charges, the government must show when and where the offense occurred.  I struggle to see how a video standing alone can establish the where and when of the offense. Jurisdiction and compliance with the statute of limitations (in this instance, 6 years) must be proven by the prosecution.   Third, who would authenticate the video - in other words, establish that it fairly and accurately represented what it appears to depict?  Except in unusual circumstances, the court would need a live witness who could establish that the events on the video accurately depict an event that they witnessed occurring - an insurmountable obstacle if the only evidence is a video somewhere. In my over 22 years as a criminal lawyer, I've never seen a criminal case filed under similar circumstances.  I'm happy to speak more if you have questions.  Call my office (978) 474-0054 or check out my website at www.erkanlaw.com
Answered on Jun 22nd, 2020 at 11:19 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters